Saturday, October 29, 2011

My notes on the day of opening arguments in the case of Dr. Tarek Mehanna

Assalaamu Alaikum (Greetings of Peace):

I left home about 2:45 in the morning to begin the roughly seven hour drive to Boston. Shortly after entering the NJ Turnpike I had to pull into one of the rest stops to give my body its rights (I needed some rest:). I ended up arriving in Boston around noon. When I walked into the overflow courtroom the prosecutor was just completing his opening argument to the jury. I instinctively knew that I didn't miss anything consequential.

In all of these preemptive prosecution cases of Muslims, names and faces change, but the narrative is always the same i.e. guilt by association (rreal or imagined), and guilt by speech, with the occasional government paid "informant" and/or agent-provocateur thrown in for good measure! What interested me most, and what I'm glad I was able to catch, was the defense's opening argument. (How much fight would the defense attorneys have in them?)

On this question I was pleased with what I saw.

Dr. Tarek Mehanna's attorney, J.W. Carney Jr., started out by thanking the jury for their service. He then confessed that he and his team knew that this would be a challenging case, and that when he first saw the terrorism-related charges he found them "scary." However, "after getting to know Tarek and his family," and understanding what the "law" is, he knew Tarek was not guilty of the charges that were leveled against him.

Mr. Carney then proceeded to share some of the Mehanna family's personal background. He noted that Tarek's family immigrated to the U.S. to be able to freely practice their religion and speak their beliefs. He proceeded to share some of Tarek's social past-times growing up, and the decision he made after high school to go to pharmacy college (an eight year commitment).

Carney spoke of how as a young man Tarek became more curious about his religion, and what it meant to be a Muslim in America. He became more studious, and eventually began translating Islamic texts. He became aware of the invasions of Muslim countries and the oppression Muslims suffered at different points in history. The attorney referenced the late 20th century conflicts in Bosnia and Chechnya, and the internal struggles taking place in countries like Egypt.

He noted that when the attacks of September 11th occurred, Tarek (like many other young Muslims) was shocked and confused. He noted that Tarek accepted the legitimacy of America's military campaign in Afghanistan, but felt the attack on Iraq was unwarranted.

(On a personal note, an objective review of history and the available facts would suggest that America's actions in Afghanistan were not justified, nor legitimate, either.)

Carney then stated to the jury that, "I'm not here to argue the legitimacy of Tarek's view. I'm here to argue that he had a right to that view, and he had a right to openly express that view." He then alluded to his own generations' similar response to Vietnam.

He noted again that beyond his political views, Tarek was obsessed with learning classical Arabic and Islamic law; of how he wanted to understand his religion on a much deeper level; and, as a result, of how he had evolved into a young scholar.

He spoke of how Tarek had endeavored to go to Yemen to study the language; of how Yemen had a worldwide reputation for the study of the Arabic language and Islamic law. He also spoke of how to of Tarek's acquaintances abu Sama annd Karim wanted to go to Yemen for different reasons (i.e. for jihad).

He spoke of how abu Sama, Karim and Tarek set out for a journey to Yemen. Karim had to abruptly return home before his arrival, leaving Abu Sama and Tarek to complete the journey by themselves. Tarek made this trip to Yemen during his semester break, and returned home to resume his studies (abu-Sama reportedly traveled on to Iraq to fight).

The lawyer spoke of how Tarek became more outspoken about America's involvement in Iraq while emphasizing the point that in openly voicing his criticism he was exercising his first amendment right! "What he did was perfectly legal," the lawyer argued. "Independent advocacy" of what some might consider subversive beliefs is not illegal.

In noting Tarek's openly stated admiration for Osama bin Laden, Carney noted how Tarek saw Osama as a committed Muslim who was willing to spend his wealth for the cause of Muslim uplift and of how Osama was once viewed as a "freeedom fighter" by our own government. (This was during the time of the Reagan administration, and the former Soviet Union's brutal occupation of Afghanistan.)

Carney emphsized that the documents and videos that Tarek downloaded and collected from jihadi websites were perfectly legal; and mentioned how Tarek became upset by much of what he saw. A very important point was made by the attorney when he stated how at one point a request was made of Tarek (by a representative of al-Qaeda) to translate a jihadi video, but Tarek declined to do so. He also noted how he was "kicked out" of one of the online chat-rooms (I believe), because he was viewed as too moderate.

He then encouraged the jury to not just look at the first half of what the government says about this prosecution, "but look at the whole picture in its entirety."

Tarek did nothing because al-Qaeda was directing him, or paying him, or encouraging him to do so, he argued. "If the evidence shows Tarek Mehanna was independently advocating his own views, you must find him innocent of the charges brought against him."

Carney told the jury that Tarek's (quasi "Muslim") accusers have immunity from prosecution for what they are willing to do in this case (as government witnesses against Tarek).

Another interesting point made by the defense attorney was when he noted, the only place that al-Qaeda hates more than Israel and the United States is Saudi Arabia; and this is where Tarek was going to live and work before he was arrested.

He concluded his opening to the jury by emphasizing the freedoms - of conscience and speech -that make America what it is on the positive side of contemporary history (contradictions aside).

El-Hajj Mauri Saalakhan

Some closing thoughts:

I strongly encourage Muslims in the New England area (who are able to do so) to attend as much of this trial as you possibly can; for not only would you be fulfilling an obligation to a good, committed Muslim brother (and family) in need, you will also avail yourselves of a good education. I would encourage Muslim educators in the Boston area to plan a field trip to the courtroom for some of your more mature students; and upon their return, allow this case to be the source of valuable classroom discussion.

In a case such as this, students can acquire valuable insights on: (a) how the federal judiciary works; (b) some of the challenges that Muslims are being confronted with today; (c) and the importance of good, clear, non-reactionary decision making.

It would also serve the interest of Muslim "leaders," and other Muslims of influence, to visit trials such as this (as a good example is the best teacher). There is a huge difference between belief that is articulated by the tongue, and belief that is practiced by the truly committed believer.

And finally, in my brief comments to the assembled media outside the courthouse (and there were many), I encouraged them to be fair and responsible in their coverage. There is a tendency (sometimes deliberate, sometimes unconscious) among many reporters to favor the government's narrative.

How do you assess the Boston Globe article below?

Prosecutors say Mehanna supported terrorists;

defense cites freedom of speech

10/27/2011 3:17 PM

*****************************************Members of Occupy Boston walked from their encampment at Dewey Square to the federal courthouse, where they staged a protest on behalf of Mehanna

By Milton J. Valencia and Martin Finucane, Globe Staff

A young man from Sudbury answered Osama bin Laden's call to arms, seeking terrorist training in Yemen, then becoming a propagandist for Al Qaeda in 2006 from his "cushy" suburban home, a federal prosecutor said today.

Tarek Mehanna of Sudbury "began translating jihad material ... material that would encourage others to participate in jihad, which was itself a service to Al Qaeda," federal prosecutor Aloke Chakravarty said in opening statements at Mehanna's trial in US District Court in Boston.

But Mehanna's attorney, J.W. Carney Jr., displaying pictures to the jury of a young Mehanna playing guitar and sitting on Santa's lap, said his client was "a young man his mom could be very proud of."

He acknowledged that his client, who had grown more interested in his Muslim background, was angry about the 2003 invasion of Iraq.

But he told the jury Mehanna shouldn't be punished for his views. "I'm not here to convince you to believe that his view and the view of millions of others was correct. ... I am asking you to find that you can hold that view in the United States of America even if the government does not want you to hold that view."

"We can hold onto these views, and we can speak them, even if it's what upsets the United States government," he said. "It's what makes the United States so great, so strong, and so free."

Mehanna, 29, a popular young leader in the area's Muslim community who received a doctorate from the Massachusetts College of Pharmacy and Health Sciences, faces life in prison if convicted on charges of conspiring to support Al Qaeda and to kill in a foreign territory and of lying to FBI investigators.

Prosecutors say he traveled to Yemen in 2004 in search of terrorism training. He did not succeed in finding it, but he allegedly returned determined to help Al Qaeda by translating Arabic texts promoting violent jihad and distributing them to others on the Internet.

One of the documents translated by Mehanna was "39 Ways to Make Jihad," Chakravarty said in his opening statement. "This is essentially training material to get ready to serve and participate in that fight," Chakravarty said.

As for the defense argument that Mehanna was exercising his free speech rights, Chakravarty said, "This case is not about what the defendant believed, whether he was against the war, whether he didn't like America. .... What you can't do is something the law forbids ... and that's why he is in this courtroom today."

Chakravarty also showed a picture of Mehanna taken during a visit to Ground Zero, in which Mehanna is striking a happy pose. "He was going to celebrate what happened on that day," Chakravarty said.

Carney, the defense lawyer, countered that Mehanna had gone to Yemen not to join terrorists, but to study. Mehanna was interested in 15th-century Arabic law and wanted to learn pure Arabic, Carney said.

As for Mehanna's translation of jihadist documents, Carney said, "He wanted others to understand the point of view, so he translated documents."

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On a final note: I want to congratulate the Tarek Mehanna Support Committee for the excellent work these committed souls did in turning out very visible support in and outside the courthouse! When you have a large crowd of people (Muslims and non-Muslims) standing outside in the rain chanting support for a Muslim political prisoner, it conveys a strong message of resistance to the powers-that-be.

Break the Chains.info

is a news and discussion forum for supporters of political prisoners, prisoners of war, politicized social prisoners, and victims of police and state intimidation.

This blog is organized and updated autonomously of the disbanded Break the Chains Prisoner Support Network formerly based in Eugene, Oregon. While this online project shares several of the same concerns as the old Break the Chains collective, no formal organization exists behind the current web presence.

"I will never surrender my pride and dignity nor allow the system to 'cut my tongue' and I will always, without fear, speak out against these war crimes and crimes against humanity, no matter if I spend the rest of my life in a prison cage, and draw my last breath of air laying down in this steel bed surrounded by razor-wire fences and cages, and its prison policies that are designed to destroy one's humanity…."